Co-Ops—Breach of Warranty of Habitability—Breach of Contract—Business Judgment Rule Cannot Protect Board from Liability for Its Own Breach of Contract—Board Cannot Decline to Repair Apartment Because of Fear of Shareholder Litigation—Libel Claims Dismissed—Allegations That Method of Repair Was Discriminatory Since No Other Apartment Had Same Type of Work to Address Similar Problems
A plaintiff shareholder moved for partial summary judgment on the issue of liability with respect to a cause of action for breach of contract (warranty of habitability) and for breach of a contractual obligation to repair an apartment. The defendant co-op corporation (co-op) cross-moved for a declaratory judgment, declaring that the co-op had the right, “pursuant to the lease agreement, to use its business judgment to unilaterally repair the premises without the consent of plaintiffs,” and to dismiss the claims for libel.
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